Clara Anthony Vaz v. Rustom Roshan

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th January, 2025 CALLED FOR DIRECTION:

6.CHOL/17/2025 In TP/1140/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Saurabh Kudekar i/b. Mr. Suraj Dessai Almeida, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon all concerned legal heirs of the deceased viz. Ms. Roshan Rustom Roshan Rustom @ Roshan Rustom Mistry by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati. 3.

Perused the Affidavit dated 30th September, 2024 annexed to Chamber Order. It is stated in the said Affidavit that Applicant is unaware about the legal heirs of the deceased and the deceased had never mentioned about the whereabouts of her legal heirs. The Applicant therefore requested to permit her to publish the Citation upon all concerned legal heirs of the deceased by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Janmabhoomi" in vernacular language i.e. Gujarati. 4.

Heard. The Ld. Advocate for the Applicant submits that the deceased died as spinster and her ..2/-

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parents have expired. He further submits that the Applicant is unaware about the legal heirs of the deceased and the deceased had never mentioned about the whereabouts of her legal heirs. He therefore prays that the Chamber Order be allowed. 5.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the addresses not known to the Petitioner. For the reasons stated in Affidavit dated 30th September, 2024 annexed to the Chamber order and averment made in Para-8 of the Petition, the present Chamber order is allowed. Petitioner is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Janmabhoomi" in Gujarati language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

6. Applicant to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 09.01.2025